Can I sponsor my spouse without providing Notice of Assessment

[Sandhar7]

Hi All,

I am PR and landed in Feb 2018. I got married in Dec 2018 in my home country (India).
I came back and started working on the Spousal sponsorship and I discovered that the Notice of Assessment or Option C document from CRA is mandatory to include in the application, otherwise you have to write a letter stating the reason why you can not provide either of these document.

I filed my first tax in Canada in Feb 2019 (as soon as the window opened for tax filing) and I am still waiting for my Notice of Assessment from CRA [its April '19 now]. I called up CRA to check the status, they have a standard reply that they don't have any timelines for how soon I will get the NOA.

In Mar 19 I got a letter from CRA that they need more documents from me [credit card statements for last year, all passport pages copies and bunch of other documents] I called up to inquire about this. I was told that this is a process where they pick random people and ask for documents for audit purpose. [I was picked randomly FML ] I provided the documents to CRA and still waiting for the NOA. So all this will increase the time to get NOA.

I am in dilemma whether I should keep waiting for the NOA or apply for the Spousal Sponsorship anyway?
As it's already more than 2 months since I filed the tax return and as per the standard response from CRA it can take upto max 16 weeks from the day you file the tax to get the NOA i.e. June '19 end.

I have read that if you send the file without NOA and with a letter stating your reason why you cannot provide NOA, the VO officer usually comes back with a reply to send NOA after you get it and put the processing of your file on hold. Which I think will cause more delay to get PR for my wife.

Requesting for your suggestions guys.

Thanks.

 

[k.h.p.]

You're going to have to wait for the NOA in either case. If you apply without it, they will probably send you a document demand. Remember that the spousal sponsorship is a 12-month process - they're not going to be bothered to make you wait a month to get the NOA. Just because "you want to apply now!" isn't a good reason not to have an NOA.

 

[canuck_in_uk]

Hi All,

I am PR and landed in Feb 2018. I got married in Dec 2018 in my home country (India).
I came back and started working on the Spousal sponsorship and I discovered that the Notice of Assessment or Option C document from CRA is mandatory to include in the application, otherwise you have to write a letter stating the reason why you can not provide either of these document.

I filed my first tax in Canada in Feb 2019 (as soon as the window opened for tax filing) and I am still waiting for my Notice of Assessment from CRA [its April '19 now]. I called up CRA to check the status, they have a standard reply that they don't have any timelines for how soon I will get the NOA.

In Mar 19 I got a letter from CRA that they need more documents from me [credit card statements for last year, all passport pages copies and bunch of other documents] I called up to inquire about this. I was told that this is a process where they pick random people and ask for documents for audit purpose. [I was picked randomly FML ] I provided the documents to CRA and still waiting for the NOA. So all this will increase the time to get NOA.

I am in dilemma whether I should keep waiting for the NOA or apply for the Spousal Sponsorship anyway?
As it's already more than 2 months since I filed the tax return and as per the standard response from CRA it can take upto max 16 weeks from the day you file the tax to get the NOA i.e. June '19 end.

I have read that if you send the file without NOA and with a letter stating your reason why you cannot provide NOA, the VO officer usually comes back with a reply to send NOA after you get it and put the processing of your file on hold. Which I think will cause more delay to get PR for my wife.

Requesting for your suggestions guys.

Thanks.

Apply now. As stated right on the checklist if an NOA isn't available, include a letter of explanation that you filed your taxes for the first time and haven't received an NOA yet, along with other documentation that shows you can support your spouse.

 

[canuck_in_uk]

You're going to have to wait for the NOA in either case. If you apply without it, they will probably send you a document demand. Remember that the spousal sponsorship is a 12-month process - they're not going to be bothered to make you wait a month to get the NOA. Just because "you want to apply now!" isn't a good reason not to have an NOA.

Having never filed taxes before and waiting on CRA to process a first tax return is a perfectly acceptable reason to not have an NOA.

 

[Sandhar7]

Apply now. As stated right on the checklist if an NOA isn't available, include a letter of explanation that you filed your taxes for the first time and haven't received an NOA yet, along with other documentation that shows you can support your spouse.

Thanks mate,

but my concern is VO will demand it anyhow and then the application processing will be delayed.

I have employment letter and pay stubs, (I think if I provide paystubs for last 6 months will be more than enough)?

 

[Mar1219]

Like Canuck said, I would submit it now with an explanation letter along with other employment proofs you have at the moment. As soon as you get your NOA, upload it via webform

 

[canuck_in_uk]

Thanks mate,

but my concern is VO will demand it anyhow and then the application processing will be delayed.

I have employment letter and pay stubs, (I think if I provide paystubs for last 6 months will be more than enough)?

You will need to provide it when you get it but that is not going to delay anything. The app will continue to process. Submit the employment letter and paystubs.

 

[Sandhar7]

You will need to provide it when you get it but that is not going to delay anything. The app will continue to process. Submit the employment letter and paystubs.

Thanks a lot.

I will submit it soon.

 

[abiisharma]

Hello There,

I also have a similar case. I became PR in April, 2016 but I permanently moved to Canada only this year in May, 2019 . I am working since June , 2019 and I also don't have any tax filings.

For the years 2016-2018, I do not have tax filings because to be a tax resident I will not be tax resident unless I spend at least 183 days in the country and establish residential ties.

For the current year 2019, I will be filing the tax next year when the submission window will be open for employees in Canada.

Please advise, if the explanation above will be fine? However, I will still include my pay stubs, offer letter and bank statements.

@canuck_in_uk please advise

 

[canuck_in_uk]

Hello There,

I also have a similar case. I became PR in April, 2016 but I permanently moved to Canada only this year in May, 2019 . I am working since June , 2019 and I also don't have any tax filings.

For the years 2016-2018, I do not have tax filings because to be a tax resident I will not be tax resident unless I spend at least 183 days in the country and establish residential ties.

For the current year 2019, I will be filing the tax next year when the submission window will be open for employees in Canada.

Please advise, if the explanation above will be fine? However, I will still include my pay stubs, offer letter and bank statements.

@canuck_in_uk please advise

Previous answer remains the same.

 

[abiisharma]

@canuck_in_uk thanks for the reply. You mean when the next tax window will open in next year Feb 2020, I will file my tax then and I can update the same in the letter of explanation.